Defendant's child pornography conviction and sentence are affirmed, where 1) the affidavit in support of the search of Defendant's home provided probable cause to believe that the images at issue included real children; and 2) the government may decline to move for a reduction in a defendant's sentence under U.S.S.G. section 3E1.1(b), so long as the decision does not rest on a constitutionally impermissible factor and is not arbitrary.
Argued: April 21, 2009
Decided and Filed: July 7, 2009
Opinion by Judge Cole
H. Louis Sirkin, Sirkin Pinales & Schwartz LLP, Cincinnati, OH
Christy L. Muncy, Assistant United States Attorney, Cincinnati, OH